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I just received my third DUI on the 22 of november .... my first one was in august of 2001 how might this play out in court ...

San Francisco, CA |

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Attorney Answers 4

Posted

Well, a DUI is priorable only if it is within ten years, so it sounds like your 2001 conviction is outside that window. When was your second? If your first offense has in fact fallen off, you are looking at a second offense for the Novmeber 22 case, which is a minimum of ten days jail. Depending on the facts of your case, it will likely be more like 20 or 30, especially these days in San Francisco. For multiple offenses, I suggest you consult with an attorney as soon as possible. You should have an attorney with you for your arraignment in case there is a bail issue and/or an issue of monitored release. Also, you need to call the DMV, and request a hearing as soon as possible; you only have ten days.

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Asker

Posted

Hi Leigh my second dui was in 2007 i dont know if that makes a difference...thank you for your time.......

Leigh Gretchen Fleming

Leigh Gretchen Fleming

Posted

Then it sounds like your new one will probably be charged as a second offense. Feel free to call me for a free consultation at 415-308-4382.

Asker

Posted

thank you for your time i just called and left you a message

Posted

You should consult with counsel just to be safe. But if your first DUI was 11/01 than it is over ten years old and this DUI wouldn't be considered as a third from a sentencing. standpoint. BUT AGAIN to be safe consult an attorney ASAP. Your license and potential jail time is at stake!

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Posted

I agree with the other attorney. The only concern would be that the dates are not as you remember and you may be within the 10 year period. The difference between a second and third DUI in San Fran. County is several weeks of added jail time. I practice in the San Fransisco area and would not mind giving you a free consultation. Good luck.

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Posted

CALL THE DMV SAFETY OFFICE IN YOUR AREA(ONLINE NUMBER) and make the appt. Then call an attorney.Good luck to you.

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